How exactly does"Notice of deposit of affidavit of judgement (Rule 120) notice work?

[Up Rovers]

A friend has asked me to check this matter out on AAM as they do not know exactly how these matters operate.

They and their two brothers are due to inherit their parent's house when they both die. They have only learnt recently that a 'Notice of deposit of affidavit of judgement (Rule 120) notice was issued many years ago and the outstanding amount has never been paid. It is only for around £6,000. Does the amount remain the same or does interest accrue also? Is the amount deducted from the proceeds of the eventual sale of the house?

Does the fact that the house is in joint names have any bearing in the matter when the debt was incurred by only one party?

Thanks.

 

[mf1]

A judgment lasts only for 12 years - after that, it dies. Essentially, it can be removed from the title.

So, how long is "many years ago"?

mf

 

[Up Rovers]

A judgment lasts only for 12 years - after that, it dies. Essentially, it can be removed from the title.

So, how long is "many years ago"?

mf

Thanks for your reply. The documentation that they have says 1985 so presumably that died in 1997. How is it actually removed from the title? Do they need to do something or will it automatically happen?

 

[j26]

They need to apply to the Land Registry to get it removed (Form 71b and 25 quid).

The Land Registry will serve notice on the Judgment Creditor, and in the absence of a valid objection will cancel it.

Valid objections would be things like an acknowledgement in writing of the debt, part payment made, or the judgment creditor being under a disability (e.g. unsound mind).